March 22, 2011

Thomas Haynesworth was released from a Virginia prison Monday after serving 27 years for rapes he did not commit. The Hogan Lovells attorneys who worked pro bono to help free Haynesworth said the case has been one of the most rewarding experiences of their careers.

Haynesworth, who is black, was arrested in 1984 at age 18 and charged in the rape and attempted rape of five white women. Haynesworth insisted he was innocent, but he was found guilty in three of the cases.

As DNA testing became more common, however, former Virginia Gov. Mark Warner ordered a review of a number of cases from the 1970s and 1980s, according to Widor. Through this review, investigators discovered that another man also convicted in 1984 in a series of rapes, Leon Davis, had committed at least one of the rapes attributed to Haynesworth.

The two nonprofits reached out to Hogan Lovells around 2008 to help litigate old cases in which new DNA testing revealed that the wrong person had been convicted, Widor said.

“I think the [nonprofits] do tremendous work in an area that’s somewhat underserved when it comes to pro bono needs,” he said.

Haynesworth was officially exonerated in the one case in which DNA testing proved he was not the perpetrator, but Widor, Kennedy and the Innocence Project attorneys are seeking writs of actual innocence from the Court of Appeals of Virginia in the other two cases, as well. State and local prosecutors have determined that Haynesworth was innocent in the other two cases, Kennedy said, even though there wasn’t evidence available for DNA testing.

Kennedy said that while Haynesworth was freed yesterday on parole, he will still qualify as a convicted sex offender until the court grants the motions to officially exonerate him. Virginia prosecutors have expressed their support for full exoneration.

“The question was, ‘How we get him exonerated in the two cases from which we could not find any biological evidence?” Kennedy said. “There was an investigative phase, we worked with the prosecutors – it was a remarkable collaborative effort.”

Oral arguments are scheduled for March 30 in the Virginia appeals court.

Comments

I AM TRYING TO FIND SOME KIND OF HELP FOR MY BROTHER HE WAS CONVICTED BACK IN 1994 AND WAS SENTENCED TO 15 YEARS WHICH HE HAS SERVED 3 YEARS AGO BUT HE IS STILL NOT BEING RELEASED DUE TO NOT WANTING TO REGISTER AS A SEX OFFENDER BECAUSE HE IS TRULY INNOCENT. HE HAS TAKEN A LIE DETECTER TEST AND PASSED.DNA HAS NOT BEEN DONE DUE TO THE TIME THE VICTIM REPORTED THE RAPE.HE WENT TO COURT AGAIN ON JUNE 29TH TO REQUEST TO BE RELEASED ON TIME SERVED AND NOW THEY COME UP WITH HIM TAKING A 12 MONTH CLASS FOR SEXUAL OFFENDERS.AND I FEEL ALL OF THIS IS UNCALLED FOR AND WOULD LIKE TO KNOW WHICH DIRECTION MY FAMILY AND I SHOULD GO IN TO GET HELP WITH THIS SITUATION MY BROTHER HAS SERVED HIS TIME AND PAID HIS DEBT TO SOCIETY EVEN THOUGH HE IS INNOCENT THAT SHOULD BE ENOUGH.SO IF YOU COULD SEND ME ANY RESOURCES WE CAN USE TO HELP HIM PLEASE CONTACT ME BY PHONE @757-358-4180 OR BY EMAIL @PCPERRY228@GMAIL.COM
THANK YOU,
PAUL C PERRY

I need to find help for my son.He was wrongfully convicted. I am not saying he's innocent because I am his mom. He didn't do it..I 500% positive. He needs help..I've tried and all I do is hit dead ends..